Employee vs. Employer Contributions
The participant may have made traditional pre-tax deferrals, Roth 401(k) contributions, or after-tax contributions. In addition, Outerknown LLC 401(k) profit sharing plan & trust likely provides matching and/or discretionary employer contributions under its profit-sharing terms.
In your QDRO, you must clearly define whether you’re asking for:
- A percentage or dollar amount of the total account balance as of a certain date
- Only the “marital portion,” defined from marriage date to separation/divorce date
- Inclusion of employer contributions or only employee deferrals

